Additional Terms of Service Agreement
1. THIS IS A BINDING AGREEMENT
1.1 Below are the terms that relate to all Users of Trekkers@heart, mobile app. Mobile Application is a DIY exercise tool to train the users for safe and successful hiking. You must apprise yourself with these terms as they describe your privileges & rights as a User. We recognize that the confidentiality and safety of your personal records are essential. We do not upload any of your personal records and all data is local to your device. As you explore our Mobile Application & utilize our services, do not hesitate to contact us if you have any queries.
These Terms and Conditions of Use Agreement (Agreement) between you and Trekkers@heart puts forth the broad terms & conditions governing your use of the Trekkers@heart APP & the services available on the APP.
BY OPENING OR UTILIZING THE SERVICES, YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR UTILIZE THE Trekkers@heart APP.
1.2 As specified in this Contract, the terms “Trekkers@heart ”, “T@H”, “we,” “us,” or “our” denote Trekkers@heart . As specified in this Agreement, the term “User” is as defined herein.
1.3 The Trekkers@heart Mobile Application (“Trekkers@heart ”) is a convenience tool supplied by Trekkers@heart imparts DIY fitness training for trekking expeditions and stores the data entered by individuals separately for separate individual.
1.4 Definitions
(a) “User” means a private individual who carries out or accepts this Agreement with Trekkers@heart to undergo the training course for with trekkers@heart and enter the data for coaches to monitor in an individual’s mobile device that may be retrieved at the Trekkers@heart Mobile Application.
1.5 The Trekkers@heart APP is solely for private & noncommercial entry and utilization. As a condition of continued utilization of the APP, Users concede to utilize the APP only in agreement with the terms & conditions put forth in this Agreement, as revised from time to time without prior announcement.
2. RIGHT TO USE, APP CONTENT, GENERAL INFORMATION
2.1 Trekkers@heart hereby gives to the Users the right to enter, view, and utilize the APP, in accordance with the terms & conditions of this Agreement. Trekkers@heart reserves the right to append fresh features to the APP & eliminate existing arrangements from the APP without prior intimation. The Subscriber and/or a User may copy and/or print a copy of the information stored in APP on their individual device for private use only and when suitable in a manner in accordance with (Copyright) laws.
2.2 T@H DOESN’T PROMISE ANY GUARANTEED WEIGHT LOSS OR INCH LOSS OR IMPROVEMENT IN HEALTH PARAMETERS. THE APP SIMPLY PROVIDES TRAINING PROGRAMS WHICH IF FOLLOWED MAY HELP USERS TO BE SUCCESSFUL IN TREKS. HOWEVER, WE CAN’T GUARANTEE ANY SUCCESS. THE INFORMATION IS SOLELY FOR THE PURPOSE OF MONITORING TO PROVIDE FURTHER GUIDANCE.
2.3 The material on the Trekkers@heart APP and in User’s Accounts, comprising but not restricted to, text, graphics, images, information acquired from third parties, links & other material (“Content”) is solely for the purpose of information and education.
2.4 The Content on the Trekkers@heart APP should not be substituted for ANY medical or health advice. Nothing on the APP is aimed at promising improvement in any health parameters such as blood sugar, cholesterol etc. The user is advised to undergo medical diagnosis or treatment to address these issues. The user is also advised to assess own fitness and health before subscribing to the recommended course. You are advised to undergo thorough medical check-up if you are in doubt.
2.5 Users must never ignore any pains, niggles that they may experience while doing the exercise. Should you experience any sharp or unbearable pain you are requested to consult a doctor and inform the coaches. They will be happy to give you alternative exercises.
2.6 Material acquired from the Trekkers@heart APP is not in-depth, should not be considered comprehensive and does not include all health parameters. The collected data can not be used for any other purpose other than the stated training program in the APP
3. ACCESS TO AND USE OF THE APP BY SUBSCRIBERS AND USERS
3.1 Right to utilization of the Trekkers@heart APP and Website is obtainable currently free-of-cost & T@Hreserves the right to change the rights of Subscription.
Subscribers may Sign-up/ Register on the Trekkers@heart Portal in agreement with Paragraph 3.1(a) (Subscription Period) hereinafter.
(a) Trekkers@heart reserves the right to charge or change Subscription Fees, surcharges, and/or other fees at any time without prior notice.
3.2 Each User may enter or upload, retain & store data, inclusive of screenshots, pictures, videos as requested by the coaches.
3.3 The Subscriber hereby grants T@H, its employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of T@H or of the APP the right to monitor, the usage statistics in the user’s Account to enhance the APP.
4. SUBSCRIBERS’ AND USERS’ RESPONSIBILITIES
4.1 Subscribers and Users agree:
(a) to retain the security of User IDs, Passwords, and other confidential data pertaining to the Subscriber’s Trekkers@heart Account;
(b) not to present onto the APP or to users of the APP, explicitly or indirectly, computer viruses, worms, Trojan horses or other code that establishes or could potentially noticeable contaminating or destructive properties;
(c) as to specific Subscribers and their related Users, to be responsible for all charges resulting from the access and use of the Subscriber’s Account, including any illegal access and utilisation, if any;
(d) to report to Trekkers@heart as soon as reasonably practicable of any actual or alleged illegal usage of the Subscriber’s Account;
(f) to conform with instructions provided by Trekkers@heart for utilising, maintaining, or modifying the Subscriber’s Account; and
(g) to acquiesce with Trekkers@heart ’s Privacy Policy.
4.2 Every Subscriber and User is accountable for the communications presented to or entered into the Subscriber’s Account and their corresponding access and utilization of the Trekkers@heart APP. A User, may not, under any circumstances, do any of the following:
(a) Disseminate any material that is defamatory or derogatory;
(b) Disseminate any communication, material, image or program that is offensive, lewd or pornographic;
(c) Disseminate any communication, documents, image or program that would encroach upon the property rights of others, including illegal copyrighted materials, trade secrets or other private patented information and trademarks or service marks used in an trespassing manner;
(d) Utilize the Trekkers@heart APP to threaten, stalk, abuse, harass, or otherwise impinge on the legal rights, including rights of privacy and publicity, of others;
(e) Utilize the Trekkers@heart APP to promote or offer, on an unsolicited basis, to vend goods or services to other Users or utilize the APP for intent of dispensing unsolicited messages to one or more persons;
(f) Store files that comprise software or other data protected by intellectual property laws, privacy or publicity laws or any other applicable law unless personally owned, controlled or unless the necessary permission(s) to utilize, gain access, and/or communicate such files has been received;
(g) Utilize the Trekkers@heart APP in such a style as to adversely affect the availability of its resources to others;
(h) Incorrectly or falsely imply to be an employee or agent of Trekkers@heart ;
(i) Fail to conform with applicable laws and regulations while utilizing or gaining access to the Trekkers@heart APP; or
(j) Post or communicate any message or material that is damaging, threatening, abusive or hateful. Trekkers@heart reserves the right to take any action, as it judges suitable in cases where the Trekkers@heart APP is utilized to distribute statements that are intensely and widely aggressive and/or harmful.
4.3 Each time a User stores or shares information, data, a medical document or a file to the Trekkers@heart APP, the User, represents that he or she owns or otherwise controls the rights to the information, data, document, or file & that he or she has the necessary permissions to share it.
4.4 You signify and certify that you are at least 18 years of age & that you possess the legal right to enter into this Agreement & to utilize the Trekkers@heart APP in accordance with this Agreement.
4.5 You further comprehend and agree to conform to the responsibilities and culpabilities as set forth in this Agreement. You comprehend & agree that not complying with any of the foregoing limitations or obligations may result in civil or criminal charges.
5. TERM TERMINATION
5.1 The Effective Date of this Agreement is the date on which the User starts using the Trekkers@heart APP.
5.2 A User may access & utilize the Trekkers@heart APP:
5.3 Either party may end the User’s right to use the APP and/or his or her Account and participation under this Agreement at any time, with or without cause, by uninstalling the APP.
6. Trekkers@heart AND APP OPERATIONS
6.1 Trekkers@heart has whole and singular decision over the management of the Trekkers@heart APP. Trekkers@heart may: withdraw, suspend or discontinue any functionality or feature of the Trekkers@heart APP without prior notice, among other things.
6.2 Trekkers@heart shall sustain technological systems, policies & measures to safeguard against illegal access to material conveyed electronically, inclusive of encryption and/or suitable technical security mechanisms.
6.3 Trekkers@heart shall not utilize, divulge, or process the usage data entered for a User’s Account except to the scope required for the correct administration and management of the information or to carry out the legal duties of Trekkers@heart .
6.4 The addition of any backlink on the Trekkers@heart APP does not assume an consent by Trekkers@heart of any content, products, or services supplied by the linked Mobile Application, but is for Trekkers@heart Subscribers’ and Users’ reference and expediency only.
6.5 Trekkers@heart cannot and will not appraise communications and data posted or uploaded to the Trekkers@heart APP for correctness or comprehensiveness, and Trekkers@heart is not accountable for the content of such communications and materials.
6.6 Trekkers@heart reserves the right to delete or block communications or materials that Trekkers@heart concludes, in its sole decision, to be (a) offensive, defamatory, defamatory or vulgar, (b) duplicitous, false or misleading, (c) infringe a copyright or trademark or other intellectual property right of another, (d) enclose or have attached a program, virus, worm, or other device or code that could pose a technological security risk to Trekkers@heart or the Trekkers@heart APP.
Trekkers@heart Privacy Policy
Trekkers@heart APP supplies Users with the capability to accumulate, manage and access their health data, records and wellness data locally on the User’s mobile device.
Other Information
Trekkers@heart gathers non-personally identifiable information from APP visitors to track the total of number of visitors to the APP in cumulative form and categorize the type of Internet web browser and operating system used by the visitor. This information allows us to unremittingly enhance our Mobile Application.
Collection of Personal Information From Children and Use By Children
The Mobile Application is not intended for use by individuals under the age of 13. The Mobile Application is a storage facility and only holds data about children to the amount you, the user, supplies that data. It is your duty to safeguard your passwords and account information to avert such use. Shielding passwords and other account information is particularly significant if information about children under the age of 13 is stored on the Mobile Application.
Notification of Changes
If we decide to alter our privacy policy, we will notify these modifications on this page so that you are always aware of what information we gather, how we utilize it and under what circumstances we divulge it. Irrespective of future updates, we will under no circumstances utilize the data you enter under this current policy in a new way without first providing you a chance to opt-out or otherwise avert that use.
